Why a Withholding Calculator?

The IRS encourages the use of the withholding calculator for a quick paycheck checkup in light of the changes to the tax law for 2018. According to the IRS, employees may be encouraged to use the calculator to ensure the correct tax amount is being withheld from their paychecks. For example, reviewing withholding may help protect employees against having too little tax withheld and facing an unexpected tax bill or penalty during next year’s tax season. Alternatively, with the average refund being $2,800, the IRS anticipates that some employees may have less tax withheld up front and instead receive more in their paychecks. If an employee needs to make changes to his or her withholding, the calculator provides the necessary information to fill out a new W-4.

Next Steps

Make sure your employees know about the availability of the calculator. Only employees changing their withholding need to complete a new W-4, and they may use results from the calculator to complete the new form. Encourage those employees to submit updated W-4s as soon as possible to ensure their withholdings are accurate.

The IRS also suggests that if employees follow the calculator’s recommendations and change their 2018 withholding, they should recheck their withholding at the beginning of 2019 to protect against having too little withheld. This is important where an employee reduces his or her withholding sometime during 2018 because a mid-year withholding change in 2018 may have a different full-year impact in 2019.

On March 5, 2018, the California Supreme Court ruled in Alvarado v. Dart Container Corporation of California (Alvarado) that when calculating overtime in pay periods when an employee earns a flat rate bonus, employers must divide the total compensation earned in a pay period by only the non-overtime hours worked. This means, according to the Alvarado decision, the correct calculation of overtime associated with a flat sum bonus is the amount of the bonus divided by the regular hours worked by the employee, multiplied by 1.5 (not a 0.5 multiplier, which the employer used in the case):

In the swirl surrounding the new Tax Act, there was some good news on the benefits front.

The Cadillac tax, which was given a lot of time to germinate and grow on everyone, was kept in but the deadline for meeting it was pushed back from 2018 to 2020. As rates continue to rise, the specter of this tax, which penalizes plans that have a value exceeding a certain dollar threshold, nags at employers, particularly those in high cost states like California. The tax does not vary based on geographic factors, so once again the left and right coasts get hit. What’s puzzling is that the tax was supposed to help pay for the ACA, so why don’t they just get to it?

This year’s flu season is a rough one. Although the predominant strains of this year’s influenza viruses were represented in the vaccine, they mutated, which decreased the effectiveness of the immunization. The flu then spread widely and quickly, and in addition, the symptoms were severe and deadly. The U.S. Centers for Disease Control and Prevention (CDC) reported that the 2017 – 2018 flu season established new records for the percentage of outpatient visits related to flu symptoms and number of flu hospitalizations.

Younger, healthy adults were hit harder than is typical, which had impacts on the workplace. In fact, Challenger, Gray & Christmas, Inc. recently revised its estimates on the impact of this flu season on employers, raising the cost of lost productivity to over $21 billion, with roughly 25 million workers falling ill.

Fortunately, the CDC is reporting that it looks like this season is starting to peak, and while rates of infection are still high in most of the country, they are no longer rising and should start to drop. What can you do as an employer to keep your business running smoothly for the rest of this flu season and throughout the next one?

Help sick employees stay home. Consider that sick employees worried about their pay, unfinished projects and deadlines, or compliance with the company attendance policy may feel they need to come to work even if they are sick. Do what you can to be compassionate and encourage them to stay home so they can get better as well as protect their co-workers from infection. In addition, make sure your sick leave policies are compliant with all local and state laws, and communicate them to your employees. Be clear with the expectation that sick employees not to report to work. For employees who feel well enough to work but may still be contagious, encourage them to work remotely if their job duties will allow. Be consistent in your application of your attendance and remote work rules.

Know the law. Although the flu is generally not serious enough to require leaves of absence beyond what sick leave or PTO allow for, in a severe season, employees may need additional time off. Consider how the federal Family and Medical Leave Act (FMLA), state leave laws, and the Americans with Disabilities Act (ADA) may come into play for employees who have severe cases of the flu, complications, or family members who need care.

Be flexible. During acute flu outbreaks, schools or daycare facilities may close, leaving parents without childcare. Employees may also need to be away from the workplace to provide care to sick children, partners, or parents. Examine your policies to see where you can provide flexibility. Look for opportunities to cross-train employees on each other’s essential duties so their work can continue while they are out.

Limit exposure. Avoid non-essential in-person meetings and travel that can expose employees to the flu virus. Rely on technology such as video conferencing, Slack, Skype, or other platforms to bring people together virtually. Consider staggering work shifts if possible to limit the number of people in the workplace at one time.

Focus on wellness. Offer free or low-cost flu shots in the workplace. If your company provides snacks or meals for employees, offer healthier options packed with nutrients.

Employer Response to Immigration Inspection Notice

In January 2018, the California Department of Labor Standards and Enforcement (DLSE) released its pre-inspection notice, Notice to Employee — Labor Code section 90.2.

Effective January 1, 2018, and except as otherwise required by federal law, California employers must provide notice to current employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. This notice is completed by posting the DLSE’s Notice to Employee — Labor Code section 90.2 in the language the employer normally uses to communicate employment-related information to the employee within 72 hours of receiving notice of the inspection.

A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms, and any accompanying documents, must be posted or given to employees with the DLSE notice.

Have you ever heard the proverb “Knowledge is power?” It means that knowledge is more powerful than just physical strength and with knowledge people can produce powerful results. This applies to your annual medical physical as well! The #1 goal of your annual exam is to GAIN KNOWLEDGE. Annual exams offer you and your doctor a baseline for your health as well as being key to detecting early signs of diseases and conditions.

The #1 goal of your annual exam is to GAIN KNOWLEDGE

According to Malcom Thalor, MD, “A good general exam should include a comprehensive medical history, family history, lifestyle review, problem-focused physical exam, appropriate screening and diagnostic tests and vaccinations, with time for discussion, assessment and education. And a good health care provider will always focus first and foremost on your health goals.”

Early detection of chronic diseases can save both your personal pocketbook as well as your life! By scheduling AND attending your annual physical, you are able to cut down on medical costs of undiagnosed conditions. Catching a disease early means you are able to attack it early. If you wait until you are exhibiting symptoms or have been symptomatic for a long while, then the disease may be to a stage that is costly to treat. Early detection gives you a jump start on treatments and can reduce your out of pocket expenses.

When you are prepared to speak with your Primary Care Physician (PCP), you can set the agenda for your appointment so that you get all your questions answered as well as your PCP’s questions. Here are some tips for a successful annual physical exam:

Bring a list of medications you are currently taking—You may even take pictures of the bottles so they can see the strength and how many.

Have a list of any symptoms you are having ready to discuss.

Bring the results of any relevant surgeries, tests, and medical procedures

Share a list of the names and numbers of your other doctors that you see on a regular basis.

If you have an implanted device (insulin pump, spinal cord stimulator, etc) bring the device card with you.

Bring a list of questions! Doctors want well informed patients leaving their office. Here are some sample questions you may want to ask:

What vaccines do I need?

What health screenings do I need?

What lifestyle changes do I need to make?

Am I on the right medications?

Becoming a well-informed patient who follows through on going to their annual exam as well as follows the advice given to them from their physician after asking good questions, will not only save your budget, but it can save your life!

EEOC Penalty Increases for Failure to Post Required Notices

On January 18, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule increasing the penalty amount from $534 to $545 for violations of Title VII of the Civil Rights Act (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA) notice posting requirements.

If you’ve been getting questions from your employees about completing new 2018 W-4 forms to take advantage of the tax reform rules, we’ve finally received some answers. You can continue to rely on the current W-4 forms for now until the new 2018 form is released in late February.

The January 29th Internal Revenue Service (IRS) Notice 2018-14 provides additional guidance on the income withholding rules that were changed under the recently passed Tax Cuts and Jobs Act. The guidance:

Extends the effective period of Forms W-4 furnished to claim exemption from withholding for 2017 until February 28, 2018.

Permits employees to claim exemption from withholding for 2018 by temporarily using the 2017 Form W-4. This procedure will expire 30 days after the 2018 Form W-4 is released.

States that employees experiencing a change in status that causes a reduction in the number of withholding exemptions are not required to furnish employers with new withholding certificates until 30 days after the 2018 Form W-4 is released.

Provides that employees who have a reduction in the number of withholding allowances solely due to changes made by the Tax Cuts and Jobs Act are not required to furnish employers with new withholding certificates during 2018. However, employees may choose to update their withholding at any time in response to the act. Employees who choose to update their withholding may use the 2017 Form W-4 instead of the 2018 Form W-4 to report changes in withholding allowances until 30 days after the 2018 Form W-4 is released.

Confirms that the optional withholding rate on supplemental wage payments is 22 percent for 2018 through 2025.

Specifies that, for 2018, withholding under IRC 3405(a)(4) on periodic payments when no withholding certificate is in effect will be based on treating the payee as a married individual claiming three withholding allowances.

In addition to the guidance, the IRS also released a new Publication 15, (Circular E), Employer Tax Guide, for 2018. Publication 15 includes the 2018 withholding tables and explains an employer’s tax responsibilities, such as withholding, depositing, reporting, paying, and correcting employment taxes.

ThinkHR will continue to follow developments in this area and report on the availability of the new 2018 W-4 Form and other IRS guidance as it becomes available.

As the first month of 2018 wraps up, companies have already begun the arduous task of submitting budgets and finding ways to cut costs for the new year. One of the most effective ways to combat increasing health care costs for companies is to move to a Self-Funded insurance plan. By paying for claims out-of-pocket instead of paying a premium to an insurance carrier, companies can save around 20% in administration costs and state taxes. That’s quite a cost savings!

The topic of Self-Funding is huge and so we want to break it down into smaller bites for you to digest. This month we want to tackle a basic introduction to Self-Funding and in the coming months, we will cover the benefits, risks, and the stop-loss associated with this type of plan.

THE BASICS

When the employer assumes the financial risk for providing health care benefits to its employees, this is called Self-Funding.

Self-Funded plans allow the employer to tailor the benefits plan design to best suit their employees. Employers can look at the demographics of their workforce and decide which benefits would be most utilized as well as cut benefits that are forecasted to be underutilized.

While previously most used by large companies, small and mid-sized companies, even with as few as 25 employees, are seeing cost benefits to moving to Self-Funded insurance plans.

Companies pay no state premium taxes on self-funded expenditures. This savings is around 1.5% – 3.5% depending on in which state the company operates.

Since employers are paying for claims, they have access to claims data. While keeping within HIPAA privacy guidelines, the employer can identify and reach out to employees with certain at-risk conditions (diabetes, heart disease, stroke) and offer assistance with combating these health concerns. This also allows greater population-wide health intervention like weight loss programs and smoking cessation assistance.

Companies typically hire third-party administrators (TPA) to help design and administer the insurance plans. This allows greater control of the plan benefits and claims payments for the company.

As you can see, Self-Funding has many facets. It’s important to gather as much information as you can and weigh the benefits and risks of moving from a Fully-Funded plan for your company to a Self-Funded one. Doing your research and making the move to a Self-Funded plan could help you gain greater control over your healthcare costs and allow you to design an original plan that best fits your employees.

In August 2017, the United States District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission (EEOC) failed to provide a reasoned explanation for its decision to adopt 30 percent incentive levels for employer-sponsored wellness programs under both the Americans with Disabilities Act (ADA) rules and Genetic Information Nondiscrimination Act (GINA) rules.

At that time, the court declined to vacate the EEOC’s rules because of the significant disruptive effect it would have. However, the court remanded the rules to the EEOC for reconsideration.

In September 2017, the EEOC filed a status report indicating its schedule to comply with the court order, including issuing a proposed rule by August 2018 and a final rule by October 2019. It stated that it did not expect to require employers to comply with a new rule before 2021.

In December 2017, the court found the EEOC’s process of not generating applicable rules until 2021 to be unacceptable. Instead, the court determined that one year was ample time for employers to adjust to new EEOC rules. The court vacated the EEOC rules under the ADA and GINA effective January 1, 2019, and ordered the EEOC to promulgate any new proposed rules by August 31, 2018.

In January 2018, the EEOC asked the court to reconsider the portion of the court’s order that required the EEOC to promulgate new proposed rules by August 31, 2018. The court vacated that portion of its order. The court’s order to vacate the portions of the EEOC’s wellness rules under the ADA and GINA as of January 1, 2019, remains.

Current and Upcoming Impact on Employer Wellness Plans

Employers are still subject to the EEOC’s wellness rules, including the incentive limits, through 2018.

If the EEOC does not promulgate new rules by the end of 2018, then the EEOC’s incentive limit rules will not apply to employers’ wellness programs starting on January 1, 2019. Employers would only be subject to HIPAA’s more lenient incentive limits.

Last week’s drama that shut down the federal government, then un-shut it three days later, was settled when agreement was reached on a Continuing Resolution. Included in the resolution are three tax breaks of particular interest to employers that offer group health coverage to their workers.

Cadillac Tax: Delayed until 2022

The Affordable Care Act (ACA) imposes a 40 percent excise tax on the value of employer-provided health coverage exceeding certain thresholds. This so-called Cadillac tax was scheduled to take effect in 2020 but now is delayed until 2022.

Efforts to repeal the Cadillac tax are expected to continue. It originally had been scheduled to take effect in 2018, then was delayed to 2020. This additional two-year delay, to 2022, provides further relief to employers while giving Congress time to consider permanent action.

Health Insurance Providers (HIP) Fee: Suspended for 2019

Starting in 2014, the ACA has imposed an annual fee on certain health insurers that generally is passed on to their policyholders. It affects insured plans, including medical, dental, and vision insurance, but does not apply to self-funded plans. Most advisors estimate the current fee impacts health insurance costs by 3 to 4 percent.

The HIP fee was suspended for 2017, then resumed for 2018. Last week’s resolution will provide another one-year moratorium: the fee is suspended for 2019.

Medical Device Tax: Suspended for 2018 and 2019

The ACA added a 2.3 percent excise tax on the sale of medical device products, starting in 2013. It was suspended for 2016 and 2017, then scheduled to resume for 2018. Analysts cite the tax as one factor in increased health care expenses that are passed on to health insurers and employers.

The new resolution suspends the medical device tax retroactively for 2018 and 2019.

Workplace Discrimination Poster Updated

In November 2017, the California Division of Labor and Employment updated its workplace discrimination poster, California Law Prohibits Workplace Discrimination and Harassment, to include the new supervisor training requirements to prevent sexual harassment and a revision date of November 2017. All employers must conspicuously post this document in hiring offices, on employee bulletin boards, in employment agency waiting rooms, union halls, and other places employees gather. Any employer whose workforce at any facility or establishment consists of more than 10 percent of non-English speaking persons must also post this notice in the appropriate language or languages.

Oakland Minimum Wage Poster Updated

The City of Oakland updated its official notice for the city’s minimum wage. Beginning January 1, 2018, employees who perform at least two hours of work per workweek and within the geographic limits of the city must be paid a minimum wage of at least $13.23 per hour.

Health insurance can help your employees to remain protected over the coming years. It’s a consideration that many growing business owners will have to make in the future. Should you offer your employee health insurance benefits? We’ll explain the importance of health insurance in this latest post.

The Process is Simple

One of the main reasons many companies don’t offer employee health insurance benefits is that leaders think the selection process is complex. But by working with a benefits broker, they can learn more about the marketplace, and ensure they simply select the best option available. The process doesn’t have to take a considerable amount of time.

Happy Employees are More Productive

The studies show that happier employees provide a better return for their company. And health insurance benefits are a great way to make an employee happy. By offering your team health insurance options through an employee benefits broker, you can show them that you value their input and that they are a key element within your organization. This can ensure that your best team leaders are retained and motivated within their job.

It Can Reduce the Cost for the Employee

Both the employee and employer can save money when buying group health insurance. Individual health insurance is purchased through after-tax dollars, while group insurance is offered with pre-tax dollars through a business cost. And this means that all members of the group save money on their coverage needs. For business leaders looking to the private insurance marketplace, this can be the ideal way to reduce expenditures.

Group Insurance Presents Wider Access

Rather than relying on private insurance plans with only selective access, employees can turn to group insurance through their company for a wider range of coverage options. Group options often come with access to better hospitals and higher quality treatment. It’s the type of service your employees deserve.

Our team at Arrow Benefits is here to explain your full range of health insurance options as a trusted employee benefits broker. To discover more about the industry and our services, call us today.

Have you heard the saying “the eyes are the window to your soul”? Well, did you know that your mouth is the window into what is going on with the rest of your body? Poor dental health contributes to major systemic health problems. Conversely, good dental hygiene can help improve your overall health. As a bonus, maintaining good oral health can even REDUCE your healthcare costs!

Researchers have shown us that there is a close-knit relationship between oral health and overall wellness. With over 500 types of bacteria in your mouth, it’s no surprise that when even one of those types of bacteria enter your bloodstream that a problem can arise in your body. Oral bacteria can contribute to:

Endocarditis—This infection of the inner lining of the heart can be caused by bacteria that started in your mouth.

Cardiovascular Disease—Heart disease as well as clogged arteries and even stroke can be traced back to oral bacteria.

The healthcare costs for the diseases and conditions, like the ones listed above, can be in the tens of thousands of dollars. Untreated oral diseases can result in the need for costly emergency room visits, hospital stays, and medications, not to mention loss of work time. The pain and discomfort from infected teeth and gums can lead to poor productivity in the workplace, and even loss of income. Children with poor oral health miss school, are more prone to illness, and may require a parent to stay home from work to care for them and take them to costly dental appointments.

So, how do you prevent this nightmare of pain, disease, and increased healthcare costs? It’s simple! By following through with your routine yearly dental check ups and daily preventative care you will give your body a big boost in its general health. Check out these tips for a healthy mouth:

Maintain a regular brushing/flossing routine—Brush and floss teeth twice daily to remove food and plaque from your teeth, and in between your teeth where bacteria thrive.

Use the right toothbrush—When your bristles are mashed and bent, you aren’t using the best instrument for cleaning your teeth. Make sure to buy a new toothbrush every three months. If you have braces, get a toothbrush that can easily clean around the brackets on your teeth.

Visit your dentist—Depending on your healthcare plan, visit your dentist for a check-up at least once a year. He/she will be able to look into that window to your body and keep your mouth clear of bacteria. Your dentist will also be able to alert you to problems they see as a possible warning sign to other health issues, like diabetes, that have a major impact on your overall health and healthcare costs.

Eat a healthy diet—Staying away from sugary foods and drinks will prevent cavities and tooth decay from the acids produced when bacteria in your mouth comes in contact with sugar. Starches have a similar effect. Eating healthy will reduce your out of pocket costs of fillings, having decayed teeth pulled, and will keep you from the increased health costs of diabetes, obesity-related diseases, and other chronic conditions.

There’s truth in the saying “take care of your teeth and they will take care of you”. By instilling some of the these tips for a healthier mouth, not only will your gums and teeth be thanking you, but you may just be adding years to your life.

Question: We are a California employer. If we notify a nonexempt employee of a disaster-related closure via voice mail, text, or email, and they show up saying they never got the message, do we still owe them the half-day pay?

Answer: The answer depends upon how the company manages its notification process. If the company has communicated to all employees the method that will be used for notifying employees of workplace closures, reinforces that policy prior to or during weather events, and can verify that the message was sent and received by the employee, then the employer would not be liable for the show-up pay.

As a best practice, we recommend asking employees to respond to the voicemail, text, or email acknowledging that they have received the message. Otherwise, especially with weather emergencies where power, internet, or phone service may be interrupted, the employee’s claims of not getting the message may in fact be true. Consult with counsel prior to denying show-up pay if you cannot prove that the message was received. Paying the employee a few hours of pay costs far less than responding to a state agency if a wage complaint is filed.

By understanding more about the benefits options available, companies can choose the right plans for their teams. And this is the reason many are now turning to benefits consultant for guidance about the market options. In this latest post, our team explains the role of a benefits consultant.

Using Latest Data to Explain Options

One of the biggest advantages of working with employee benefit consultants is that they can use the latest tools to provide a clear understanding of the latest options. They research the market regularly to provide clients with a comprehensive selection of information on benefits programs and new options supported by the leading firms.

Independent from Insurers

While benefits consultants have a full understanding of the marketplace, they remain independent of insurance companies to ensure they can provide their clients with the best information for their unique coverage needs. They take an unbiased approach to the process so that customers have the information they need to make an effective decision.

Advise on Other Companies

Employee benefit consultants can also advise their clients on what other companies are doing in terms of their benefits plans. This can ensure that the organization remains competitive within their industry and is able to respond to the needs of their employees when new benefits options arise within the marketplace.

Analysis of the Business

An important element of the work completed by benefits consultants is their work analyzing the client business to determine their needs. For example, they work with employees to provide them the information they need to make an informed decision on their plans. They also work with the company owners directly to learn more about their budget and their growth plans for the coming years. This helps them to devise a budget for the benefits package and ensures that companies don’t waste money on coverage options that are not suitable for their organization.

Working with a benefits consultant can help save thousands of dollars for your company in the coming years. To learn more about the role of a benefits consultant in the current marketplace, call our team today.

Department of Labor Publishes Updated Penalties for OSHA Violations

On January 2, 2018, the U.S. Department of Labor (DOL) published updated, inflation-adjusted penalties for violations of various laws regulated by the DOL and its internal components or divisions, including the Occupational Health and Safety Administration (OSHA). The DOL is required to adjust the level of civil monetary penalties for inflation by January 15 each year pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act).

Because of the Inflation Adjustment Act, rates for OSHA penalties have increased three times in the last 17 months (August 1, 2016, January 13, 2017, and January 2, 2018). Therefore, for violations occurring after November 2, 2015, the penalty amounts incurred by employers will depend on when the penalty is assessed, as follows:

If the penalty was assessed after August 1, 2016 but on or before January 13, 2017, then the August 1, 2016 penalty level applies.

If the penalty was assessed after January 13, 2017 but on or before January 2, 2018, then the January 13, 2017 penalty level applies.

If the penalty was assessed after January 2, 2018, then the current penalty level applies.

The applicable January 2, 2018 penalty levels for violations of the Occupational Safety and Health Act of 1970 (OSH Act) are as follows:

Benefit consulting firms are now being used by companies across the country to help provide a guide on benefits options. But it’s important to learn more about the value of these organizations before partnering with a consulting firm directly. Our team has knowledge and experience in this area of the marketplace, and in this latest post, we’re highlighting the importance of benefit consulting firms.

Providing Insight on Benefit Options

One of the more difficult challenges for growing businesses is having to choose a benefits package specifically for their organization. Benefits consulting firms have experience working with the insurance companies on benefits packages. They can review the latest options for their client and help them to pinpoint a plan that best suits their organization and their employees. They identify the best plans by reviewing the company budget and employee requirements and then making a selection based on the data available.

Management of Benefits Technology

The latest technology for the administration of employee benefits packages can be complex for small businesses to run on-site. Many turn to consulting companies for the management of their plans. The management process can be completed by a specialist with years of experience in the technology, and this means that any errors can be reduced and questions that employees have can be answered. Maintaining full control of HR systems also means that companies can respond quickly to any changes within their team to ensure that their benefits packages continually provide the best value.

Streamlining Plan Harmonization

When businesses grow they often require different employee benefits packages. They must grow to meet the demands of employees that have been with the company several years. Benefits consulting firms can offer a guide on scaling plans to the size of the business. They can help keep costs under control while providing the optimal level of coverage to their client’s staff.

Our team at Arrow Benefits is here to help you choose the best benefits plan for your organization. To discover more about the options available, call us today!

Why a Withholding Calculator?

The IRS encourages the use of the withholding calculator for a quick paycheck checkup in light of the changes to the tax law for 2018. According to the IRS, employees may be encouraged to use the calculator to ensure the correct tax amount is being withheld from their paychecks. For example, reviewing withholding may help protect employees against having too little tax withheld and facing an unexpected tax bill or penalty during next year’s tax season. Alternatively, with the average refund being $2,800, the IRS anticipates that some employees may have less tax withheld up front and instead receive more in their paychecks. If an employee needs to make changes to his or her withholding, the calculator provides the necessary information to fill out a new W-4.

Next Steps

Make sure your employees know about the availability of the calculator. Only employees changing their withholding need to complete a new W-4, and they may use results from the calculator to complete the new form. Encourage those employees to submit updated W-4s as soon as possible to ensure their withholdings are accurate.

The IRS also suggests that if employees follow the calculator’s recommendations and change their 2018 withholding, they should recheck their withholding at the beginning of 2019 to protect against having too little withheld. This is important where an employee reduces his or her withholding sometime during 2018 because a mid-year withholding change in 2018 may have a different full-year impact in 2019.

On March 5, 2018, the California Supreme Court ruled in Alvarado v. Dart Container Corporation of California (Alvarado) that when calculating overtime in pay periods when an employee earns a flat rate bonus, employers must divide the total compensation earned in a pay period by only the non-overtime hours worked. This means, according to the Alvarado decision, the correct calculation of overtime associated with a flat sum bonus is the amount of the bonus divided by the regular hours worked by the employee, multiplied by 1.5 (not a 0.5 multiplier, which the employer used in the case):

In the swirl surrounding the new Tax Act, there was some good news on the benefits front.

The Cadillac tax, which was given a lot of time to germinate and grow on everyone, was kept in but the deadline for meeting it was pushed back from 2018 to 2020. As rates continue to rise, the specter of this tax, which penalizes plans that have a value exceeding a certain dollar threshold, nags at employers, particularly those in high cost states like California. The tax does not vary based on geographic factors, so once again the left and right coasts get hit. What’s puzzling is that the tax was supposed to help pay for the ACA, so why don’t they just get to it?

This year’s flu season is a rough one. Although the predominant strains of this year’s influenza viruses were represented in the vaccine, they mutated, which decreased the effectiveness of the immunization. The flu then spread widely and quickly, and in addition, the symptoms were severe and deadly. The U.S. Centers for Disease Control and Prevention (CDC) reported that the 2017 – 2018 flu season established new records for the percentage of outpatient visits related to flu symptoms and number of flu hospitalizations.

Younger, healthy adults were hit harder than is typical, which had impacts on the workplace. In fact, Challenger, Gray & Christmas, Inc. recently revised its estimates on the impact of this flu season on employers, raising the cost of lost productivity to over $21 billion, with roughly 25 million workers falling ill.

Fortunately, the CDC is reporting that it looks like this season is starting to peak, and while rates of infection are still high in most of the country, they are no longer rising and should start to drop. What can you do as an employer to keep your business running smoothly for the rest of this flu season and throughout the next one?

Help sick employees stay home. Consider that sick employees worried about their pay, unfinished projects and deadlines, or compliance with the company attendance policy may feel they need to come to work even if they are sick. Do what you can to be compassionate and encourage them to stay home so they can get better as well as protect their co-workers from infection. In addition, make sure your sick leave policies are compliant with all local and state laws, and communicate them to your employees. Be clear with the expectation that sick employees not to report to work. For employees who feel well enough to work but may still be contagious, encourage them to work remotely if their job duties will allow. Be consistent in your application of your attendance and remote work rules.

Know the law. Although the flu is generally not serious enough to require leaves of absence beyond what sick leave or PTO allow for, in a severe season, employees may need additional time off. Consider how the federal Family and Medical Leave Act (FMLA), state leave laws, and the Americans with Disabilities Act (ADA) may come into play for employees who have severe cases of the flu, complications, or family members who need care.

Be flexible. During acute flu outbreaks, schools or daycare facilities may close, leaving parents without childcare. Employees may also need to be away from the workplace to provide care to sick children, partners, or parents. Examine your policies to see where you can provide flexibility. Look for opportunities to cross-train employees on each other’s essential duties so their work can continue while they are out.

Limit exposure. Avoid non-essential in-person meetings and travel that can expose employees to the flu virus. Rely on technology such as video conferencing, Slack, Skype, or other platforms to bring people together virtually. Consider staggering work shifts if possible to limit the number of people in the workplace at one time.

Focus on wellness. Offer free or low-cost flu shots in the workplace. If your company provides snacks or meals for employees, offer healthier options packed with nutrients.

Employer Response to Immigration Inspection Notice

In January 2018, the California Department of Labor Standards and Enforcement (DLSE) released its pre-inspection notice, Notice to Employee — Labor Code section 90.2.

Effective January 1, 2018, and except as otherwise required by federal law, California employers must provide notice to current employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. This notice is completed by posting the DLSE’s Notice to Employee — Labor Code section 90.2 in the language the employer normally uses to communicate employment-related information to the employee within 72 hours of receiving notice of the inspection.

A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms, and any accompanying documents, must be posted or given to employees with the DLSE notice.

Have you ever heard the proverb “Knowledge is power?” It means that knowledge is more powerful than just physical strength and with knowledge people can produce powerful results. This applies to your annual medical physical as well! The #1 goal of your annual exam is to GAIN KNOWLEDGE. Annual exams offer you and your doctor a baseline for your health as well as being key to detecting early signs of diseases and conditions.

The #1 goal of your annual exam is to GAIN KNOWLEDGE

According to Malcom Thalor, MD, “A good general exam should include a comprehensive medical history, family history, lifestyle review, problem-focused physical exam, appropriate screening and diagnostic tests and vaccinations, with time for discussion, assessment and education. And a good health care provider will always focus first and foremost on your health goals.”

Early detection of chronic diseases can save both your personal pocketbook as well as your life! By scheduling AND attending your annual physical, you are able to cut down on medical costs of undiagnosed conditions. Catching a disease early means you are able to attack it early. If you wait until you are exhibiting symptoms or have been symptomatic for a long while, then the disease may be to a stage that is costly to treat. Early detection gives you a jump start on treatments and can reduce your out of pocket expenses.

When you are prepared to speak with your Primary Care Physician (PCP), you can set the agenda for your appointment so that you get all your questions answered as well as your PCP’s questions. Here are some tips for a successful annual physical exam:

Bring a list of medications you are currently taking—You may even take pictures of the bottles so they can see the strength and how many.

Have a list of any symptoms you are having ready to discuss.

Bring the results of any relevant surgeries, tests, and medical procedures

Share a list of the names and numbers of your other doctors that you see on a regular basis.

If you have an implanted device (insulin pump, spinal cord stimulator, etc) bring the device card with you.

Bring a list of questions! Doctors want well informed patients leaving their office. Here are some sample questions you may want to ask:

What vaccines do I need?

What health screenings do I need?

What lifestyle changes do I need to make?

Am I on the right medications?

Becoming a well-informed patient who follows through on going to their annual exam as well as follows the advice given to them from their physician after asking good questions, will not only save your budget, but it can save your life!

EEOC Penalty Increases for Failure to Post Required Notices

On January 18, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule increasing the penalty amount from $534 to $545 for violations of Title VII of the Civil Rights Act (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA) notice posting requirements.

If you’ve been getting questions from your employees about completing new 2018 W-4 forms to take advantage of the tax reform rules, we’ve finally received some answers. You can continue to rely on the current W-4 forms for now until the new 2018 form is released in late February.

The January 29th Internal Revenue Service (IRS) Notice 2018-14 provides additional guidance on the income withholding rules that were changed under the recently passed Tax Cuts and Jobs Act. The guidance:

Extends the effective period of Forms W-4 furnished to claim exemption from withholding for 2017 until February 28, 2018.

Permits employees to claim exemption from withholding for 2018 by temporarily using the 2017 Form W-4. This procedure will expire 30 days after the 2018 Form W-4 is released.

States that employees experiencing a change in status that causes a reduction in the number of withholding exemptions are not required to furnish employers with new withholding certificates until 30 days after the 2018 Form W-4 is released.

Provides that employees who have a reduction in the number of withholding allowances solely due to changes made by the Tax Cuts and Jobs Act are not required to furnish employers with new withholding certificates during 2018. However, employees may choose to update their withholding at any time in response to the act. Employees who choose to update their withholding may use the 2017 Form W-4 instead of the 2018 Form W-4 to report changes in withholding allowances until 30 days after the 2018 Form W-4 is released.

Confirms that the optional withholding rate on supplemental wage payments is 22 percent for 2018 through 2025.

Specifies that, for 2018, withholding under IRC 3405(a)(4) on periodic payments when no withholding certificate is in effect will be based on treating the payee as a married individual claiming three withholding allowances.

In addition to the guidance, the IRS also released a new Publication 15, (Circular E), Employer Tax Guide, for 2018. Publication 15 includes the 2018 withholding tables and explains an employer’s tax responsibilities, such as withholding, depositing, reporting, paying, and correcting employment taxes.

ThinkHR will continue to follow developments in this area and report on the availability of the new 2018 W-4 Form and other IRS guidance as it becomes available.

As the first month of 2018 wraps up, companies have already begun the arduous task of submitting budgets and finding ways to cut costs for the new year. One of the most effective ways to combat increasing health care costs for companies is to move to a Self-Funded insurance plan. By paying for claims out-of-pocket instead of paying a premium to an insurance carrier, companies can save around 20% in administration costs and state taxes. That’s quite a cost savings!

The topic of Self-Funding is huge and so we want to break it down into smaller bites for you to digest. This month we want to tackle a basic introduction to Self-Funding and in the coming months, we will cover the benefits, risks, and the stop-loss associated with this type of plan.

THE BASICS

When the employer assumes the financial risk for providing health care benefits to its employees, this is called Self-Funding.

Self-Funded plans allow the employer to tailor the benefits plan design to best suit their employees. Employers can look at the demographics of their workforce and decide which benefits would be most utilized as well as cut benefits that are forecasted to be underutilized.

While previously most used by large companies, small and mid-sized companies, even with as few as 25 employees, are seeing cost benefits to moving to Self-Funded insurance plans.

Companies pay no state premium taxes on self-funded expenditures. This savings is around 1.5% – 3.5% depending on in which state the company operates.

Since employers are paying for claims, they have access to claims data. While keeping within HIPAA privacy guidelines, the employer can identify and reach out to employees with certain at-risk conditions (diabetes, heart disease, stroke) and offer assistance with combating these health concerns. This also allows greater population-wide health intervention like weight loss programs and smoking cessation assistance.

Companies typically hire third-party administrators (TPA) to help design and administer the insurance plans. This allows greater control of the plan benefits and claims payments for the company.

As you can see, Self-Funding has many facets. It’s important to gather as much information as you can and weigh the benefits and risks of moving from a Fully-Funded plan for your company to a Self-Funded one. Doing your research and making the move to a Self-Funded plan could help you gain greater control over your healthcare costs and allow you to design an original plan that best fits your employees.

In August 2017, the United States District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission (EEOC) failed to provide a reasoned explanation for its decision to adopt 30 percent incentive levels for employer-sponsored wellness programs under both the Americans with Disabilities Act (ADA) rules and Genetic Information Nondiscrimination Act (GINA) rules.

At that time, the court declined to vacate the EEOC’s rules because of the significant disruptive effect it would have. However, the court remanded the rules to the EEOC for reconsideration.

In September 2017, the EEOC filed a status report indicating its schedule to comply with the court order, including issuing a proposed rule by August 2018 and a final rule by October 2019. It stated that it did not expect to require employers to comply with a new rule before 2021.

In December 2017, the court found the EEOC’s process of not generating applicable rules until 2021 to be unacceptable. Instead, the court determined that one year was ample time for employers to adjust to new EEOC rules. The court vacated the EEOC rules under the ADA and GINA effective January 1, 2019, and ordered the EEOC to promulgate any new proposed rules by August 31, 2018.

In January 2018, the EEOC asked the court to reconsider the portion of the court’s order that required the EEOC to promulgate new proposed rules by August 31, 2018. The court vacated that portion of its order. The court’s order to vacate the portions of the EEOC’s wellness rules under the ADA and GINA as of January 1, 2019, remains.

Current and Upcoming Impact on Employer Wellness Plans

Employers are still subject to the EEOC’s wellness rules, including the incentive limits, through 2018.

If the EEOC does not promulgate new rules by the end of 2018, then the EEOC’s incentive limit rules will not apply to employers’ wellness programs starting on January 1, 2019. Employers would only be subject to HIPAA’s more lenient incentive limits.